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An Oregon quitclaim deed form transfers whatever interest the current owner holds as of the date of the deed, if any, with no warranty of title. The person signing a quitclaim deed quitclaims the real estate to the new owner, and the new owner bears the risk of title defects.
No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.
Quitclaim deeds are commonly used to release interests in or claims to property. A statutory quitclaim deed ?releases and quitclaims? a grantor's property interest to grantee, but does not imply that the grantor has any interest at all. Quitclaim deeds do not operate as an estoppel on the grantor.
Contrary to the law and established custom in other states, the expression ?to have and to hold? (called the ?habendum clause? of a deed) is not necessary, nor are witnesses or seal required. The deed should be dated, but this too is not necessary to its validity.
A quitclaim deed contains no covenants or warranties of title.
Gifts of real property in Oregon are, however, subject to the federal gift tax. The grantor is responsible for paying the federal gift tax; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].
A bargain and sale deed is a type of property deed that does not guarantee against liens or other claims to the property. The buyer of a property with this type of deed could be responsible for any title issues that arise. These deeds are most commonly used in foreclosure or tax sales.
A grant deed, also known as a special or limited warranty deed, is a legal document used to transfer real estate between a previous owner (the grantor) and a new owner (the grantee). A grant deed warrants that: The grantor has not transferred the property to anyone else.
Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.
To transfer ownership of the real property to another, the current owner must execute a new deed and record it with the County Recorder's office. There are many different types of deeds, all of which convey different legal rights.